Monsanto patent victory seen spurring biotech investment in India

SC ruling that Monsanto can claim patents on its GM cotton seeds is positive for foreign agricultural firms such as Bayer, Dupont Pioneer and Syngenta which have been concerned they could lose patents on GM crops in India

New Delhi/Mumbai: India’s Supreme Court ruled on Tuesday that Monsanto can claim patents on its genetically modified (GM) cotton seeds, a victory for the US company that is expected to encourage biotechnology firms to step up investment in the country.

The decision on appeal overturns an earlier ruling by the Delhi High Court that Monsanto - the world’s biggest seed maker, which has been bought by Germany’s Bayer AG - could not claim patents on GM cotton seeds.

The outcome is positive for foreign agricultural companies such as Bayer, Dupont Pioneer and Syngenta which have been concerned they could lose patents on GM crops in India, and was also welcomed by one of India’s main farmers’ associations.

“This is a very good move as most international companies have stopped releasing new technology in the Indian market due to the uncertainty over patent rule," said Ajit Narde, a leader of the Shetkari Sanghatana, a farmers’ body, which has been demanding access to new technologies.

Access to advanced technology was important to help Indian farmers compete with rivals overseas, Narde said.

New Delhi approved Monsanto’s GM cotton seed trait, the only lab-altered crop allowed in India, in 2003 and an upgraded variety in 2006, helping transform India into the world’s top cotton producer and second-largest exporter of the fibre.

Monsanto’s GM cotton seed technology went on to dominate 90% of India’s cotton acreage. But for the past few years Monsanto has been at loggerheads with Indian seed company Nuziveedu Seeds Ltd (NSL) over patents, drawing in the Indian and US governments.

The Delhi High Court ruling came after NSL argued that India’s Patent Act does not allow Monsanto any patent cover for its genetically modified (GM) cotton seeds.

M. Ramasami, chairman of the Federation of Seed Industry of India, said the Supreme Court ruling would encourage the development of new seed technologies and farm processes which in turn would benefit farmers and improve the competitiveness of India’s farm economy.